Divorce Support in New South Wales
The client, a stay-at-home mother residing in New South Wales, is undergoing a divorce from her husband and relies on him for financial support. She has two young children, one of whom has special needs that complicate employment opportunities. The client is contemplating a move to another location to be nearer to her support system and is interested in selling the jointly owned home valued at approximately $700,000. She seeks information on spousal maintenance, child support, and the consideration of her husband's superannuation in the property settlement. Additionally, she is looking for financial guidance to manage her circumstances effectively.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights regarding spousal maintenance and how can I apply for it?
In Australia, spousal maintenance is financial support paid to one spouse after separation if they cannot adequately support themselves. Factors include your financial needs and your husband's ability to pay. To apply, you can negotiate with your husband, or file an application with the Family Court. It's advisable to consult legal or financial professionals to assist with your application.
How is child custody determined in cases where one child has special needs?
Child custody, now termed 'parenting arrangements,' is based on the best interests of the child. Special needs factors, such as the child's developmental requirements and parental capacity to meet those needs, are crucial. Demonstrating your abilities to support your child's specific needs, including necessary services, is essential.
Can you explain how the division of property would typically be handled in a divorce?
In an Australian divorce, property division is based on equitable distribution rather than an exact 50/50 split. The court evaluates factors such as marriage length, contributions (both financial and non-financial), and future needs. An agreement reached through mediation is often favored, and consulting a lawyer can help guide this process.
What is the process for determining child support payments?
Child support payments in Australia are calculated using a formula by the Department of Human Services, considering both parents' income and care arrangements. Special needs of a child may influence the assessment due to potential additional costs. You can apply for a child support assessment via Services Australia.
How can my husband's superannuation be considered in the property settlement?
Superannuation is classified as property in the Family Law Act and included in asset division during divorce. It can be split or divided, though it remains in the superannuation system until retirement age. Various factors influence this decision, and consulting a lawyer can assist in negotiating any agreement.
